Construction

The firm regularly represents local governments, developers, homeowner and condominium associations, general contractors, architects, engineers, trade subcontractors, sureties, and others in the construction industry. Primary functions include minimizing liability risks through knowledgeable contract drafting and negotiation, avoiding litigation through hands-on project administration assistance, and, when necessary, aggressively pursuing our clients’ legal rights through the mediation, arbitration, and litigation process. 

With board-certified expertise in construction law, the firm advises clients on topics such as construction and design defect liability, delay and disruption scheduling claims, insurance coverage disputes, bid protests, construction liens, payment and performance bond claims, default termination, and warranty rights.

 

Contract drafting

When drafting a Florida construction contract agreement, it’s critical to meticulously and thoughtfully address project-specific issues and enable the allocation of risk to be equitable amongst numerous parties involved. Our attorneys aim to establish well-written construction contracts that won’t just win in litigation if that should occur but avoid the litigation altogether because each party has already discussed the issues and agreed on how to allocate risk equally among the various parties. 

 

Construction Defect & Scheduling Litigation

Scheduling delays and allegations of construction defects are frequent causes of payment disputes. All parties on a project can suffer economic harm when the job is delayed, and there are frequently multiple causes for such delays, which might be the responsibility of more than one party.  Litigation might also arise when there is a dispute about whether a problem on a project is due to a negligently prepared design or the failure to install the work properly.  Defects in the work might be latent and not manifest themselves for several years after project completion. The firm provides expertise and an in-depth understanding of Florida’s construction and insurance industries to help our clients navigate through these types of issues.

 

Public Procurement & Bid Protests

Firm attorneys have extensive experience in representing both local governments and bidding contractors on public improvement projects. We assist and advise local governmental entities with their efforts to comply with public procurement laws and ensure a fair process and protect the best interest of their citizens. That experience also allows us to better advise our contractor clients who believe they have been unfairly disadvantaged when a local government fails to comply with public procurement laws. Our construction attorneys can help such contractors through the entire bid protest process, from submitting the initial protest documents to helping obtain a bid protest bond to arguing on their behalf at the administrative hearing. 

 

Lien & Bond Claims

Our construction law department has board-certified construction law expertise in the complexities of Florida’s Construction Lien Law and with respect to public payment and performance bonds as set out in Chapter 713 and Section 255.05 of the Florida Statutes. We help owners draft and administer contracts to protect their property from liens, as well as, help contractors, subcontractors, suppliers, and design professionals perfect and foreclose on liens when not paid for their work. On public projects, we can assist public owners to prosecute claims against a performance bond surety upon a contractor’s default on a project, as well as, help subcontractors and suppliers file suit against the payment bond surety when not paid what is due. For licensed contractors, we can provide a seminar at your office that would allow you to obtain continuing education credit and help educate your project team better understand Florida’s lien and bond laws. 

Construction Attorneys

Paul T. Hinckley Senior Counsel Associate
Megan J. Nowicki Associate
John M. Vernaglia Associate
Ryan J. Vescio Senior Associate Associate
James C. Washburn Partner